Terms & Conditions

Terms and
conditions

IN ORDER
TO USE THIS WEBSITE YOU MUST FIRST READ AND ACCEPT THESE TERMS AND CONDITIONS
OF USE. IF YOU ARE ACCESSING THIS WEBSITE AS AN EMPLOYEE OR REPRESENTATIVE OF A
COMPANY OR ORGANIZATION, THESE TERMS OF USE ARE BINDING UPON BOTH YOU
INDIVIDUALLY AND THAT COMPANY OR ORGANIZATION, AND REFERENCES TO “YOU” OR
“YOUR” SHALL APPLY TO YOU INDIVIDUALLY AND SUCH COMPANY OR ORGANIZATION.

Legal
Agreement; Revisions

This
website, located at the URL www.materieltbilisi.com (the “Website”), is
operated by Fashion House Materia LLC, on behalf of Fashion House Materia LLC
(collectively “Fashion House Materia”, “we,” “us” or “our”). We provide use of
the Website subject to these Terms and Conditions of Use (the “Terms”). These
Terms are effective as of the date set forth above and apply to all visitors to
or users of the Website (collectively, “you” or “your”) and any other website
on which the Terms are posted, as well as the participation in any activities
and services provided by us on and through the Website (except to the extent
stated otherwise on a specific page), including purchasing products (the
“Services”). These Terms are a legal agreement between you and us, and they
contain important information on your legal rights, remedies and obligations.
By accessing, browsing or otherwise using the Website or its Services, you: (i)
acknowledge that you have read and understand, and are agreeing, on your own
behalf and on behalf of your minor children visiting or using this Website, to
be bound by these Terms and that you are agreeing to comply with all applicable
laws, rules and regulations; and (ii) represent that you are an adult and have
the legal capacity to enter a contract in the jurisdiction where you reside.
You further acknowledge and agree that your access to and use of the Website
and the Services are valuable benefits that you receive by agreeing to, and
complying with, these Terms. You may not access, browse or use the Website or
its Services and you should discontinue these activities immediately, if you:
(a) do not agree to these Terms; or (b) are prohibited from accessing or using
the Website or the Services by applicable law.

We may
change or revise these Terms at any time, for any reason at our sole discretion
and without notice. Your continued use of the Website or its Services after a
posted change or revision in these Terms signifies your acceptance of any such
change or revision. For this reason, please visit this page on a regular basis
to ensure that you are familiar with the most recent version of these Terms. In
the case of any violation of these Terms, we reserve the right to seek all
remedies available for such violation, whether by law, in equity or otherwise.
Your failure to follow these Terms may result in suspension or termination of
your access to the Website, without notice, in addition to other available
remedies.

You can
address your questions or concerns regarding these Terms
info@materieltbilisi.com

Privacy
Policy

We
respect your privacy and share your concern about its protection. Our Privacy
Policy constitutes a part of these Terms and explains how we may collect, use
and protect information that we learn about you as a result of your interaction
with us through the Website.

Ownership

Matériel
and/or its service providers, distributors, vendors, contractors, sponsors,
licensors and/or licensees are the exclusive owners or licensees of all content
and materials on the Website (“Website Content”) and of all related
intellectual property rights, including all copyrights, moral rights, trademark
rights, trade dress rights, rights of publicity and patent rights.

You do
not acquire any ownership interests in the Website Content or the Marks by
accessing, browsing or otherwise using the Website or its Services.

Your Use
and Your Content; License Grant; Right to Monitor and Editorial Control

You may
access, browse and use the Website and the Website Content only for your
personal, non-commercial use.

You must
be over the age of thirteen (13) to register as a visitor of the Website or
otherwise submit or provide any personally identifiable information to the FH
Materia Parties. By accessing or using the Website, you represent and warrant
that you are over the age of thirteen (13) or are visiting the Website under
the supervision of your parent or guardian. Certain features of the Website may
allow you to post, upload, transmit or submit certain materials, content,
comments, suggestions, information or ideas to or through the Website (“Your
Content”). We do not ask for, nor do we wish to receive, any confidential,
secret or proprietary information or other material from you through the
Website, by e-mail or in any other way. By providing Your Content to us, you:
(i) represent and warrant that Your Content is original to you, that you own or
otherwise control all of the rights in Your Content, or that you have the
rights necessary to grant the license in this section; (ii) represent and
warrant that Your Content does not violate any rights, including the rights of
privacy, of any party and does not otherwise violate the law; (iii) grant to us
and the FH Materia Parties a world-wide, non-exclusive, fully paid-up,
royalty-free, unrestricted, perpetual, irrevocable, fully transferrable,
assignable and fully sub-licensable (through multiple tiers) right and license
to copy, reproduce, edit, modify, distribute, transmit, display, perform, make,
have made, publish, sell, offer for sale, import, adapt, create derivative
works from and otherwise use Your Content for any purpose that we may choose,
in our sole discretion, and through any means or media, whether now existing or
subsequently developed, and without any compensation to you or any third party
(it being understood that the foregoing shall include the right to exploit any
and all intellectual property or proprietary rights in Your Content including
rights protected under applicable copyright, trademark, trade secret, patent
and other laws throughout the world); (iv) agree that we and the FH Materia
Parties will not be liable for any copying, reproduction, modification,
adaptation, translation, collection, compilation, recompilation, preparation of
summaries, abstracts, derivative works or materials, or any publication,
distribution, display, disclosure, sale, licensing, or other use or commercial
exploitation, of any ideas or other Your Content, or any tangible or intangible
subject matter similar to, or using, incorporating, derived from or based on,
any Your Content, in whole or in part; and (v) indemnify and hold harmless us and
the FH Materia Parties for and against any and all claims, actions and damages
(including court costs, legal fees, accounting fees and amounts paid in
settlement) that are related to or result from your use of the Website, Your
Content or its posting on, or submission to, the Website, and/or your violation
of these Terms. You will cooperate as fully as reasonably required in the
defense of any such claim or action; however, we reserve the right, at our own
expense, to assume the exclusive defense and control of any matter subject to
indemnification by you.

IF YOU DO
NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE,
SUBMIT OR POST ANY OF YOUR CONTENT ON OR THROUGH THE WEBSITE.

We cannot
be responsible for maintaining Your Content, and we may remove Your Content
from the Website at any time, for any or no reason, and without notice to you.
We reserve the right, but do not have an obligation, to monitor and/or review
all materials posted to the Website, or through the Website’s services or
features, by its users, and we are not responsible for any such materials.
However, we further reserve the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in our sole discretion are objectionable or in violation of these Terms or
applicable law. We may also impose limits on certain features or restrict your
access to part or all of the features or services without notice or penalty if
we believe that you are in breach of these Terms or applicable law, or for any
other reason, all without notice or liability.

Prohibited
Conduct

You
warrant and agree that, while accessing or using the Website, you will not
yourself, and will not induce, assist or cause others to, directly or
indirectly, for any purpose and by any means or in any form or medium
whatsoever:

•
download, archive, store, copy, reproduce, compile, recompile, use, modify,
adapt, translate or prepare any summaries, abstracts, derivative works or
materials of the Website or any Website Content, in whole or in part (except
that you may exercise the limited rights to access, view and print in
accordance with the terms above);

• access,
use, license, sell, transfer, disclose, publish, transmit, display, distribute
or provide or permit access to, in any way for any public or commercial
purpose, the Website or any Website Content, or any modifications, adaptations,
translations, summaries, abstracts or derivative works or materials thereof;

•
collect, compile or recompile any Website Content, including any photographs,
product listings, product designs, descriptions, references, images, terms of
purchase or sale, prices or other data, information or other content obtained
or derived from or through the Website;

•
impersonate any person or entity or misrepresent your affiliation with any
person or entity, whether actual or fictitious, including anyone from the
Website, the FH Materia Parties or otherwise affiliated with us;

• use an
inappropriate username or screen name;

• insert
your own or a third party’s advertising, branding or other promotional content
into any Website Content;

• obtain
or attempt to gain unauthorized access to other computer systems, materials,
information or any services available on or through the Website through any
means, including through means not intentionally made publicly available or
provided through the Website;

• engage
in any automatic or unauthorized means of accessing, logging-in or registering
on the Website, or obtaining lists of users or other information from or
through the Website, including any information residing on any server or
database connected to the Website;

• use the
Website or its features and Services in any manner that could interrupt,
damage, disable, overburden or impair the Website or interfere with any other
party’s use and enjoyment of the Website, including sending mass unsolicited
messages or “flooding” servers;

• use the
Website or its Services in violation of our intellectual property or other
proprietary or legal rights, or the rights of any third party;

• use the
Website or its Services in violation of any applicable law or for any unlawful
purpose;

• attempt
(or encourage or support anyone else’s attempt) to circumvent,
reverse-engineer, decrypt, or otherwise alter, or interfere with, the Website
or its Services; or

• post,
transmit, submit, publish or otherwise disseminate through the Website any of
Your Content or other material that, as we determine in our sole discretion:
(i) is unlawful, harmful, harassing, false, fraudulent, threatening, abusive,
libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or
otherwise objectionable, or infringes our or any third party’s intellectual
property or other rights; (ii) is derogatory or harmful to our reputation or
any of our respective officers, members, employees, representatives, licensors,
service providers, suppliers, visitors or users in any way; (iii) is harmful to
children in any manner; (iv) is for the benefit of any third party; (v) is for
purposes of any public or commercial use or exploitation, including use by or
for the benefit of any competitor of the FH Materia Parties; (vi) consists of
or contains any viruses, bugs, worms, Trojan horses or other harmful computer
code; (vii) contains any impersonation, misrepresentation of your identity or
the source or affiliation of the material or Your Content, or incorrect
identification information; or (viii) consists of or contains any commercial
solicitation, mass mailing, junk mail, spam, chain letter or political campaign
material.

Your
Account and Your User Information

If (where
applicable) you create an account (“Your Account”) or otherwise provide user or
login information (“Your User Information”) when accessing the Website, you
must provide us with complete and accurate information. You agree not to
falsely identify yourself in any manner or provide any false or inaccurate
information. You grant to us, the FH Materia Parties, and all other persons and
entities involved in the operation of the Website the right to use, store,
monitor, retrieve and transmit Your User Information in connection with the
operation of the Website. Our information collection and use policies with
respect to the privacy of Your User Information are set forth in our Privacy
Policy, which is incorporated in these Terms by reference for all purposes.

You are
solely responsible for maintaining the confidentiality of Your User Information.
You are also solely responsible for any and all activities that occur under
Your Account or Your User Information. You must notify us immediately of any
suspected or actual unauthorized use of Your Account or Your User Information,
and of any and all other security breaches.

We
reserve the right to terminate Your Account or to refuse services to you,
without prior notice to you, at any time and for any or no reason. Without
limiting the above, if you are a repeat infringer or violator, we will, in
appropriate circumstances, permanently terminate Your Account and remove Your
Content from the Website. You have the right to cancel Your Account at any
time. You may cancel Your Account by requesting through email info@materieltbilisi.com

Product Purchases

All
product purchases placed on or through the Website are subject to our
acceptance, in our sole discretion. Without limitation, this means that we may
refuse to accept or may cancel any purchase whether or not the purchase has
been confirmed, for any or no reason, in our sole discretion, and without
liability to you or any third party. We also reserve the right, in our sole
discretion, to take steps to verify your identity to process your order. We
will either not charge you or refund the charges for orders that we do not
process or cancel.

We
cannot, however, insure against pricing errors. We reserve the right, at our
sole discretion, to not process or to cancel any orders placed for a product or
Service whose price was incorrectly posted on the Website as a result of an
error. If this occurs, we will notify you by email. In addition, we reserve the
right, at our sole discretion, to correct any error in the stated price or
revise the pricing for products or Services offered through the Website at any
time. Our shopping, shipping, return, pre-order and online gift card
policies are set forth in our Shopping Policy, which is incorporated in these
Terms by reference for all purposes.

EXCEPT AS
OTHERWISE SET FORTH IN OUR SHOPPING POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY
CHARGES FOR PRODUCT OR GIFT CARD PURCHASES OR SERVICES ARE NOT REFUNDABLE IN
WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT,
INCLUDING ANY UNAUTHORIZED CHARGES.

We may,
from time to time, modify, amend, or supplement our billing methods, and such
changes shall be effective immediately upon posting in these Terms or elsewhere
on the Website.

Information
and User Generated Comments Not Provided or Endorsed By Us

Any and
all information, comments, statements, links or other content placed on the
Website by visitors to the Website, including advice and opinions, are the
views and responsibility of the poster and do not necessarily represent the
views or opinions of the FH Materia Parties. We do not necessarily verify,
encourage, agree, endorse, support or sanction any of the content placed on the
Website by visitors to the Website, including comments, opinions, statements or
links posted on forums, blogs, bulletin boards, social network sites or
otherwise. You agree that the FH Materia Parties are not responsible and shall
have no liability to you with respect to any information, comments, statements,
links, communications or other content posted by visitors to the Website,
including any offensive, defamatory, or illicit materials, even if such
materials are in violation of these Terms. You shall not submit any content
protected by any intellectual property or other third party right without the
express permission of the owner.

To the
extent that the Website provides users access to resources, including public
forums, health and medical content, online tools, calendaring, email, to-do
lists, bookmarks, other personalization features, product or service offerings,
book/publication offerings, and various communication tools, we assume no
responsibility or liability for the accuracy or effectiveness of any such
information or the timeliness, deletion, misdelivery or failure to store any
user communications or personalization data or settings. All such risks shall
be borne by you.

Modification,
Suspension and Termination

We
reserve the right to modify, suspend or terminate, in our sole discretion, at
any time, temporarily or permanently, for any or no reason and without notice
to you, and without any liability to you, any portion of the Website.

We may
change products or Services mentioned on the Website at any time with or
without notice.

Assignment

You agree
that we may assign any of our rights, and/or transfer, sub-contract or delegate
any of our obligations, under these Terms. Your agreement to these Terms is
personal to you and you may not transfer or assign it to any third party.

HELP

Online
team is here to help! Please call us at (+995 32) 2 996818 or e-mail us at
info@materieltbilisi.com with any questions, comments, or concerns you
have—we’ll help you square them away in no time.

Our
Customer Service phone line is open Monday to Friday, from 10am to 6pm (closed
on weekends and national holidays).

For
Online Shopping Terms and Conditions, please see the Shop Services page